Splitting Fares, Inc.
Terms of Service
Last Updated: March 31, 2017
THE FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH SPLITTING FARES, INC. OFFERS YOU ACCESS TO THE SPLT PLATFORM AND SERVICES.
These terms of service constitute a legally binding agreement (this “Agreement”) between you (“you”, or “your”) and Splitting Fares, Inc. (the “Company”, “we”, “us” or “our”), a Delaware corporation, governing your use of the SPLT application, website, and technology platform (collectively, the “SPLT Platform”).
The SPLT Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). The SPLT Platform functions as a 21st century carpool service by allowing coworkers with common travel plans to find each other and share a commute. Drivers and Riders are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the SPLT Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the SPLT Platform shall be referred to collectively as the “Services”.
THE COMPANY DOES NOT PROVIDE TRANSPORTATION SERVICES, AND THE COMPANY IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE SPLT PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE SPLT PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE SPLT PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
We do not routinely perform background checks on our Users. In the event we do elect to perform background checks on one or more of our Users, we make no representations as to the use of such background checks and no third-party is entitled to rely on the results of the same. Further, we may have no assurances with respect to the results thereof (including, without limitation, the accuracy or completeness thereof). We do not provide insurance of any kind to our Users (either Drivers or Riders).
By creating your User account and using the SPLT Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. Your access and use of the Services constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and the Company. If you do not agree to these terms, you may not access or use the Services. This Agreement expressly supersedes prior agreements or arrangements with you. The Company may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason.
The SPLT Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the SPLT Platform is not available to children (persons under the age of eighteen (18)) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least eighteen (18) years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
As a Rider, you agree that any amounts charged following a ride (a “Charge”) are mandatory and due and payable immediately upon completion of the ride. Charges include Ride Fees and other applicable fees, tolls, surcharges, and taxes. The Company has the authority and reserves the right to determine and modify pricing by posting applicable Charges to its website and this Agreement. You are responsible for reviewing the applicable Charges and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Ride Fees. Ride Fees consist of a per mile/kilometer fee based on the distance of your ride. Ride Fees are payable from the Rider to the Driver in the carpool. This is an amount representing fuel and wear and tear on the automobile. Reimbursement amounts may differ where employer-provided automobiles exist.
Other Charges. Other fees, tolls, and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, toll road charges, bridge fees, and processing fees for split payments.
Facilitation of Payments. Most Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or PayPal México). The Company may replace its third-party payment processing services without notice to you. Charges shall only be made through the SPLT Platform. Occasionally, the Rider may reimburse the Driver on a cash basis.
No Refunds. Charges are assessed immediately following completion of the ride to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the SPLT Platform, any disruption to the SPLT Platform or Services, or any other reason whatsoever.
Promotions. The Company, at its sole discretion, may make available promotions with different features to any of our Riders or prospective Riders. These promotions, unless made to you, shall have no bearing whatsoever on this Agreement or your relationship with the Company.
Credit Card Authorization. Upon addition of a new payment method or each ride request, the Company may seek authorization of your selected payment method to verify your payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
As a Driver, you will receive applicable Ride Fees. The Company will process all payments due to you through its third-party payments processor, or with the Rider paying cash, as mentioned above. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize the Company to set the prices on your behalf for all Charges that apply to the provision of Services. The Company reserves the right to withhold all or a portion of Ride Fees if it believes that you have attempted to defraud or abuse the Company or the Company’s payment systems.
The Company, in its sole discretion, may make available promotions with different features to any Drivers/Riders or prospective Drivers/Riders, based on demand. These promotions, unless made to you, shall have no bearing whatsoever on this Agreement or your relationship with the Company.
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the SPLT Platform to use your Information, you grant to us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. The Company does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or the Company for accessing the SPLT Platform. You are solely and fully responsible for all activities that occur under your User account, and the Company expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Social Networking Sites
As part of the functionality of the SPLT Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”) by either providing your SNS Account login information through the SPLT Platform or allowing the Company to access your SNS Account. By granting the Company access to any SNS Accounts, you understand that the Company may access, make available and store any content that you have provided to and stored in your SNS Account including, without limitation, any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the SPLT Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the SPLT Platform.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by the Company, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of the Company, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of the SPLT Platform or Services, updates concerning new and existing features on the SPLT Platform, communications concerning promotions run by us or our third party partners (where applicable), and news concerning the Company and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the SPLT Platform or the Services. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the SPLT Platform or the Services.
With respect to your use of the SPLT Platform and your participation in the Services, you agree that you will not:
(i) impersonate any person or entity;
(ii) stalk, threaten, or otherwise harass any person, or carry any weapons;
(iii) violate any law, statute, ordinance or regulation;
(iv) interfere with or disrupt the Services or the SPLT Platform or the servers or networks connected to the SPLT Platform;
(v) post Information or interact on the SPLT Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
(vi) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(vii) use the SPLT Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
(ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the SPLT Platform;
(x) “frame” or “mirror” any part of the SPLT Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
(xi) reproduce, modify, adapt, translate, reverse engineer, prepare derivative works based upon, decipher, decompile, or otherwise disassemble any portion of the SPLT Platform or any software used on or for the SPLT Platform;
(xii) rent, lease, lend, sell, redistribute, license or sublicense, transfer, publicly display, publicly perform, transmit, stream or broadcast the SPLT Platform or Services, or access to any portion of the SPLT Platform;
(xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the SPLT Platform or its contents;
(xiv) create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
(xv) link directly or indirectly to any other web sites;
(xvi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
(xvii) transfer or sell your User account, password and/or identification to any other party; or
(xviii) cause any third party to engage in the restricted activities above.
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
Driver Representations and Warranties
By providing Services as a Driver on the SPLT Platform, you represent, warrant, and agree that:
You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is clean, well maintained, and is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
You will not transport more passengers than can securely be seated in such vehicle.
You do not have any medical condition or any other condition that would impair your ability to operate a motor vehicle, and you will not utilize or be under the influence of drugs, alcohol, tobacco products, or any substances that do or could have the effect of impairing your ability to drive properly or to exercise proper judgment.
You agree that you are using the Service as part of your own personal transportation and that any and all payments provided to you in connection with the Service are to reimburse your driving costs or fees incurred on the ride.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
You have confirmed with your insurance provider that your automobile and liability coverage applies when you are carpooling or ridesharing with others on a non-commercial, not for-hire basis.
You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages.
In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to the Company and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.
You have not been convicted within the last five (5) years of driving-related offenses other than minor traffic violations.
You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
You will not make any misrepresentation regarding the Company, the SPLT Platform, the Services or your status as a Driver, or, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud the Company or Riders in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Ride Fees or other payments for the ride(s) in question.
You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. You will make reasonable accommodation for service animals.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
If at any time you no longer meet all of the above requirements, you will immediately stop using the Service and notify us at email@example.com of such failure to meet the requirements.
Proprietary Rights and Licenses
All intellectual property rights in the SPLT Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the SPLT Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Subject to your compliance with the terms of this Agreement, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the SPLT Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the Company and the Company’s licensors.
Other than the license set forth in the immediately preceding paragraph, the Company does not grant you any right, title or interest in or to the Service in this Agreement, and any other use, including any commercial use, is strictly prohibited.
Splitting Fares, SPLT and other SPLT logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Splitting Fares, Inc. in the United States and/or other countries (collectively, the “SPLT Marks”). If you provide Services as a Driver, the Company grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the SPLT Marks solely in connection with providing the Services through the SPLT Platform (the “License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without the Company’s prior written permission, which it may withhold in its sole discretion. The SPLT Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that the Company is the owner and licensor of the SPLT Marks, and that your use of the SPLT Marks will confer no additional interest in or ownership of the SPLT Marks in you but rather inures to the benefit of the Company. You agree to use the SPLT Marks strictly in accordance with SPLT’s guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that the Company determines to non conforming or otherwise unacceptable.
You agree that you will not:
(i) create any materials that incorporate the SPLT Marks or any derivatives of the SPLT Marks other than as expressly approved by SPLT in writing;
(ii) use the SPLT Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the SPLT Marks other than in accordance with the terms, conditions and restrictions herein;
(iii) take any other action that would jeopardize or impair the Company’s rights as owner of the SPLT Marks or the legality and/or enforceability of the SPLT Marks, including, without limitation, challenging or opposing the Company’s ownership in the SPLT Marks;
(iv) apply for trademark registration or renewal of trademark registration of any of the SPLT Marks, any derivative of the SPLT Marks, any combination of the SPLT Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the SPLT Marks; or
(v) use the SPLT Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in the Company’s sole discretion. If you create any materials bearing the SPLT Marks (in violation of this Agreement or otherwise), you agree that upon their creation the Company exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the SPLT Marks or derivative works based on the SPLT Marks. You further agree to assign any interest or right you may have in such materials to the Company, and to provide information and execute any documents as reasonably requested by the Company to enable the Company to formalize such assignment.
Copyright Complaints and Copyright Agent
The Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please submit the following information:
(i) a description of the copyrighted work that you claim has been infringed, including specific location on the SPLT Platform where the material you claim is infringed is located. Include enough information to allow the Company to locate the material, and explain why you think an infringement has taken place;
(ii) a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
(iii) your address, telephone number, and email address;
(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
All notices of possible infringement must be sent to the Company at the following address: 2000 Brush St. Ste 201, Detroit, MI 48226. This address is provided solely so that you can send us notices of possible infringement. Any correspondence you provide regarding any other topic, such as requests to be unsubscribed from mailings, inquiries for technical support, or questions or concerns regarding this Agreement generally, will not receive a response through this process.
The following disclaimers are made on behalf of the Company, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The SPLT Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the SPLT Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of the SPLT Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the SPLT Platform will be corrected, or that the SPLT Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the SPLT Platform or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Rider will complete an arranged transportation service.
We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the SPLT Platform and Services. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the SPLT Platform by persons under the age of eighteen (18) in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
The Company is not responsible for the conduct, whether online or offline, of any User of the SPLT Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the SPLT Platform and participating in the Services, you agree to accept such risks and agree that SPLT is not responsible for the acts or omissions of Users on the SPLT Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the SPLT Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the SPLT Platform or through the Services. Please carefully select the type of information that you post on the SPLT Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the SPLT Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the SPLT Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the SPLT Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The SPLT Platform might contain (or you may be sent through the SPLT Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the SPLT Platform. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Location data provided by the SPLT Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Company, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the SPLT Platform. Any of your Information, including geolocational data, you upload, provide, or post on the SPLT Platform may be accessible to the Company and certain Users of the SPLT Platform.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the SPLT Platform and participation in the Services, including:
(i) your breach of this Agreement or the documents it incorporates by reference;
(ii) your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party;
(iii) any allegation that any materials that you submit to us or transmit through the SPLT Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
(iv) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
(v) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SPLT PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SPLT PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE SPLT PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS AGREEMENT DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
In the event that you have a dispute with one or more Users, you agree to release the Company (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the SPLT Platform or participation in the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Term and Termination
This Agreement is effective upon your creation of a User account, as amended by any modifications subsequently made by the Company pursuant to the procedures contained herein. You may discontinue your use of the SPLT Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Rider and/or Driver), or revoke your permission to access the SPLT Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the SPLT Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party.
Agreement to Arbitrate All Disputes and Legal Claims
You and the Company agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the SPLT Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules as they are then in effect, or as otherwise mutually agreed by you and the Company. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and the Company agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to the Company’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by the Company for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to the Company with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by the Company or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of the Company; becomes known to you, without restriction, from a source other than the Company without breach of this Agreement by you and otherwise not in violation of the Company’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to the Company to enable the Company to seek a protective order or otherwise prevent or restrict such disclosure.
You and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to the Company shall be given by certified mail, postage prepaid and return receipt requested to:
Splitting Fares, Inc.
Attn: Corporate Secretary
330 E. Liberty, Lower Level
Ann Arbor, MI 48104
Such notice shall be deemed given five (5) days after the date of mailing.
Any notices to you shall be provided to you through the SPLT Platform or given to you via the email address you provide to the Company during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company during the registration process. In such case, notice shall be deemed given five (5) days after the date of mailing.
To resolve a complaint regarding the SPLT Platform, you should first contact our Customer Service Department through our support center at firstname.lastname@example.org
Modification to this Agreement
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the SPLT Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the SPLT Platform or the Services.
This Agreement shall be governed by the laws of the State of Delaware without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by the Company, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof.